Details of Mo Chaudry's Burslem pool row with council to 'stay secret'
EMAILS and letters between council officials and Mo Chaudry over the aborted Dimensions splash pool closure can remain secret forever.
Requests under the Freedom of Information (FOI) Act for copies of all correspondence between the businessman, his representatives and Stoke-on-Trent City Council between 2007 and 2011 were turned down by the authority – even though it confirmed it does hold the records.
Now the Information Commissioner's Office (ICO), which oversees public bodies' legal obligations under FOI, has sided with the council after being asked to intervene.
The council said it was exempt from releasing the information as publishing it would waive a confidentiality clause agreed with the WaterWorld owner when it paid him £21,850 to drop a legal threat.
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It relates to the council's botched plan in 2008 to close Dimensions splash pool in Burslem and the alleged secret deal to pay its main competitor WaterWorld to offer a discount instead.
City council monitoring officer Paul Hackney also ruled that 'disclosure of the information would be likely to prejudice the authority's ability to meet its wider objectives due to the disruption caused by disclosure, and the diversion of resources in managing the impact of disclosure.'
The ICO ruled the council had used the FOI Act's exemptions legally, meaning the documents can now remain permanently under lock and key.
Councillor Dave Conway, leader of the opposition City Independents, campaigned against the original Dimensions closure plan and fought for details behind the fiasco to be made public. He said: "This is public money. I can't understand how it isn't in the public interest to release it. There is a danger people will lose faith in the ICO because they've just gone along with the council."
The council used sections 36 and 42 of the act to keep the information secret.
It said it was exempt from releasing the information partly on the grounds that documents included confidential communications between lawyers.
The ICO agreed that breaching the confidentiality clause could give rise to a new legal challenge and that this means there is public interest in keeping it secret.
The ICO judgment states: "The council argues that, as mediation is a substantially less expensive alternative to litigation, there is a strong public interest in favour of maintaining the council's ability to use this process now and in the future. The commissioner accepts this is a valid argument."
Mr Chaudry claimed the council broke an agreement to shut the pool and pay WaterWorld £100,000-per-year to offer a discount.
The plans were scrapped after a public outcry and then-elected mayor Mark Meredith, a senior councillor and Mr Chaudry were arrested as part of a police corruption probe. Nobody was charged.
The council's settlement paid to Mr Chaudry followed a legal bill of £22,500. The council also apologised to the entrepreneur and acknowledged for the first time talks had taken place.
Mr Chaudry said: "I have never had any issue with information being made public because the basis of my challenge was that I wanted to clear my name. As far as I'm concerned the matter is done and dusted."
Comments
by camband
Saturday, August 11 2012, 11:34PM
“"So, why not publish the facts Mr Chaudry, and clear your name?" -Yamerama.
We're still Waiting Mohammed.... The 'under-(water)-world'.”
by mole10
Friday, August 10 2012, 3:49PM
“Too right truestokie, too right.
It stinks and this cess pit of a council hides behind laws designed to protect us from them.
How is this allowed to happen?
The whole lot of them were Elected Mayors, deputies Mayors or just plain hangers on looking for a goody two shoes promotion.
Today, they are Leaders, deputies and puppets, paid to shut up.
The titles change, but the people haven't.
It's excrutiating to see Labour's mouthpiece come into this column and make a futile attempt at excusing this manure heap.
The big picure is that Labour just lost a local election (I played my part very well), they will lose the police commissioners role soon enough and they will lose the by-election in Corby shortly (Labour HQ is preparing a losing statement via Sandwell HQ, the one that runs Stoke-on-Trent).
All in all, Labour is losing on every front.
Why?
Because they don't represent the working classes anymore.”
by truestokie
Friday, August 10 2012, 12:14PM
“This conclusion stinks to high heaven of "common purpose" looking after its members.
Come on Chaudry if you have nothing to hide like you say, lets hear you.
I'm sure the Sentinel will be only too happy to print your side of this ugly mess, or are you trying to pull the wool over our eyes as well?
This city council are good at hiding behind lawyers, will you do the same?”
by mole10
Friday, August 10 2012, 10:16AM
“When someone is in a corner and has no way out, it is not really a good idea to start spinning a way out.
It's cheap and clumsy politics and Labour's Lenny is an amateur attempting to look like Labour's hero in their worst hour.
Readers may wonder why the figure of £100,000 is not discussed by Lenny.
Readers may also ponder the thought of uneccessary pools closures of Shelton and Tunstall.
We who were there (Lenny was in shorts), have no need to ask these questions.
WE KNOW THE ANSWERS!
It looks like it's Mike Barnes time again (you know it's scaredy cat time).
The deal that tookm Labour into a coalition with Conservatives was for one year ONLY.
It lasted for two years.
Arrests followed shortly after.
WORK IT OUT FOR YOURSELVES, IT IS VERY EASY.
500 members have now left (and counting)
Labour collected 89 new members throughout the whole Country during 2011/2012.”
by camband
Thursday, August 09 2012, 8:28PM
“Echoes of the 'Poulson Affair' -T. Dan Smith and all that....obviously not on such a grand scale, but echoes nevertheless.
Remember old Reggie Maudling falling from his position as Home Secretary, caught up in the scandal.
I did hear at the time of this 'man from the north' episode, that some of the T.Dan influence was felt in our own Stoke Labour controlled Council and 'one or two almost got roped in and escaped by the skin of their teeth'. An ex-Train Driver and later Post Office Proprietor came very close -behind closed doors, but no charges were pressed in the end.
T. Dan Smith got six years.”
by camband
Thursday, August 09 2012, 8:10PM
“Now!”
by yamerama
Thursday, August 09 2012, 5:58PM
“Mr Chaudry said: "I have never had any issue with information being made public because the basis of my challenge was that I wanted to clear my name".
So, why not publish the facts Mr Chaudry, and clear your name?”
by LabourLen
Thursday, August 09 2012, 2:57PM
“@mole10: "Why should I let a Labour Party member tell a pack of lies and hang them on my coat peg"
I'm telling no lies - you were there, it was on your watch. You keep telling everybody what a powerful position you had in the Labour Party. That's your to bare old son.
@mole10: "The labour Councillors then are the same as now and those that had total power then, have total power now"
And you have the audacity to talk about lies! The vast majority of the councillors representing Labour today were not in power at the time of the dimensions debacle. Total power you say? Lies again you nodded through the proposal that took Labour into a coalition of power between Lab/Con/LD you were there and was equally to blame. You and Mike Barnes (another ex-labour with a grudge) Jump on how it was all wrong (which I agree with by the way) but at the time it was going on both voted/nodded the deal through.
Labour totally to blame? Well 3 were arrested only one was Labour.
I don't have any problem admitting that this debacle was certainly not Labours finest hour but I hate it when cowards like you and Barnes who were complicit at the time and no try and take the moral high ground.
Always remember - you can run but you can never hide. Your misrepresentations will always be corrected.”
by mole10
Wednesday, August 08 2012, 6:21PM
“Why should I let a Labour Party member tell a pack of lies and hang them on my coat peg.
The labour Councillors then are the same as now and those that had total power then, have totaql power now.
That's how the cover up is covered up.”
by truestokie
Wednesday, August 08 2012, 6:05PM
“Pantofolo, the closure of Tunstall and Shelton (with Waterworld being in the middle) helped him out no end, but then again maybe it was mean't to?
Could this have been a sweetener to keep him quiet?”